← Library
Bombay High CourtCAF/3202/2018delay condonatedrejected

The State Of Maharashtra (Through The Special Land Acquisition Office And ANR. v. Shri. Laxman Sakharam Minmine And ORS.

2022-01-28Hon'Ble Shri Justice Anil S. Kilor2 pages

Megha 66_caf_3202 & 3203_2018 in fast_14871_2018.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3202 OF 2018 WITH CIVIL APPLICATION NO.3203 OF 2018 IN FIRST APPEAL (STAMP) NO.14871 OF 2018 The State of Maharashtra ...Applicant

Versus

Laxman Sakharam Minmine and Ors.

...Respondents

....

Mr. A.R. Patil, AGP for the Applicant-State.

CORAM : ANIL S. KILOR, J.

DATED: 28th JANUARY, 2022.

P.C.:- 1.

Heard Mr. A.R. Patil, learned AGP for the Applicant. None for the Respondents though served.

2.

Mr. Patil, learned AGP submits that there is a delay of 152 days in filing the First Appeal challenging the Judgment and Award dt. 05/12/2016 passed by the learned Joint Civil Judge Senior Division, Alibag in Land Acquisition Reference No.59 of 2009. 3.

It is submitted that the sufficient cause is shown in the 1/2

Megha 66_caf_3202 & 3203_2018 in fast_14871_2018.doc application particularly in Paragraph-4 onwards which is sufficient for condonation of delay. It is further submitted that the delay is not intentional but bonafide.

4.

After going through the application, more particularly, the reasons stated in Paragraph-4 onwards in the application and in absence of any rebuttal to the said facts, I find that the reasons given in the application are sufficient for condonation of delay. Accordingly, I pass the following order:

ORDER

i) The Application for condonation of delay is allowed. ii) The delay caused in filing First Appeal is condoned. The office is requested to register the First Appeal and place the same before the Court for admission. (ANIL S. KILOR, J.) by MEGHA S PARAB Date:

2022.02.02 12:54:22 +0530 MEGHA S PARAB 2/2